Doctors On Trial: A Comparison of American and Jewish Legal Approaches to Medical Malpractice

1993 ◽  
Vol 19 (4) ◽  
pp. 453-495 ◽  
Author(s):  
Joshua Fruchter
Keyword(s):  
American Medical ◽  
Medical Malpractice ◽  
Strict Liability ◽  
Tort Reform ◽  
Anglo Saxon ◽  
Malpractice Law ◽  
The Law

The recent and continual call for tort reform has many scholars proposing alternatives to current U.S. medical malpractice law. Most commentators limit their discussions to variations of the two Anglo Saxon theories of liability — negligence and strict liability. Little has been written examining the legal treatment of medical malpractice in other cultures. This article compares and contrasts Jewish and American medical malpractice law, examining both the contemporary and ancient sources of the law.

Comparative analysis of medical malpractice law

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Thi Bao Anh Nguyen
Keyword(s):  
Comparative Analysis ◽  
Medical Malpractice ◽  
Strict Liability ◽  
Medical Practitioner ◽  
Standard Of Care ◽  
The Other ◽  
European Countries ◽  
Future Directions ◽  
Malpractice Law

Abstract This research presents the background of medical malpractice law, the tort of negligence with fault, tor of negligence without fault and wrongdoer’s in Vietnam in comparison with medical malpractice laws of some European countries. Vietnamese medical malpractice law has some similarities and noticeable differences to the other European countries. In particular, Vietnam has faced the lack of very important regulations in accurately determining the misconduct of medical practitioner such as standard of care, loss of chance, and strict liability. We propose future directions of possible amendments in the Vietnamese medical malpractice law.

On Introduction in Russia of the Institute of Criminal Liability for Legal Persons (Corporations)

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Илья Власов ◽  
Ilya Vlasov
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Code ◽  
European Countries ◽  
Anglo Saxon ◽  
Constitutional Tribunal ◽  
The Law ◽  
Criminal Legislation ◽  
International Conventions

The number of European countries which have included into their national legislation the provision on criminal liability for legal persons (corporations) has been continuously growing. The following countries remain essential supporters of preserving criminal liability for individual guilt: Germany, Russia, Italy, and, may be, Poland, where after the adoption of the Law on Liability of Collective Entities for punishable offences, the Constitutional Tribunal in 1994 adopted the decision to consider this liability to be not criminal, but sui generis. Some Russian legal theorists were quick to support the tendency to recognize the practicability of introducing criminal liability for legal persons in spite of centuries-old traditions of liability for a personal guilt that is characteristic of the criminal law of the European continental countries. This can be explained by an excessive influence of the Anglo-Saxon common law countries, whose representatives went all out during the preparation of many international conventions to include into them the provisions that require establishing criminal liability for legal persons in national legislations of the European countries. But none of such conventions mentions the basis for criminal liability of legal persons. They fail to mention this fact, otherwise they would have to state that such liability suggests only strict liability. The author of the article tries to prove the irrelevancy of the above-mentioned type of liability in Russia with its rather effective administrative law and fairly solid provisions of the civil legislation which help to efficiently fight the damage incurred by legal persons (corporations) to different entities protected by the law. Introduction of the provisions on criminal liability for legal persons into the Russian criminal legislation touches upon the foundation on which all types of legal liability in this country are based on, as well as domestic centuries-old traditions, for it is not possible, without changing anything in the principal structure of the criminal responsibility, to simply include, without solid justification of the adopted changes, a new provision into the Criminal Code of the Russian Federation, in which only a range of criminal acts for which legal persons may be liable would be outlined, without indicating grounds for their criminal liability, in contrast with the grounds for the liability of physical persons.

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation

2013 ◽  
Vol 8 (4) ◽  
pp. 423-452 ◽  
Author(s):  
Veronica Grembi ◽  
Nuno Garoupa
Keyword(s):  
Medical Malpractice ◽  
Civil Law ◽  
Tort Reform ◽  
Malpractice Litigation ◽  
Legal Reforms ◽  
Malpractice Law

AbstractMedical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

No-Fault Versus Strict Liability Compensation Systems in Medical Malpractice Law in Vietnam in Comparision with Belgium, France, and England

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Thi Bao Anh Nguyen
Keyword(s):  
Medical Malpractice ◽  
Strict Liability ◽  
Tort Law ◽  
Compensation System ◽  
Compensation Systems ◽  
Malpractice Law ◽  
Tort System ◽  
Pain And Suffering ◽  
Fault Compensation ◽  
Uniform Manner

Abstract Medical malpractice is a form of professional negligence and such a negligence forms part of the law of tort. As an alternative to the tort or fault-based system in medical malpractice, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. This is through the provision of fair, speedy and adequate compensation for medically injured victims. A no-fault compensation system allows patients to be compensated without proof of provider’s fault or negligence. Similar to no-fault schemes, the strict liability system is not fault-based although it belongs to tort law. Successful claims are paid in a uniform manner using a fixed benefits schedule and include compensation for both economic and non-economic (pain and suffering losses) without the necessity of proving negligence through a tort claim. This study focuses on the comparison of no-fault compensation systems versus strict liability systems between Vietnam to Belgium, France, and England. The distinctions in Belgium, France, and England can be the lessons for the development of a no-fault compensation system as well as strict liability system in Vietnam.

Torts and Other Wrongs

2019 ◽  
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Distributive Justice ◽  
Strict Liability ◽  
Private Law ◽  
Moral Significance ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

Arzthaftungsrecht/Medical Malpractice Law

1982 ◽  
Vol 30 (4) ◽  
pp. 704
Author(s):  
John G. Fleming ◽  
Dieter Giesen
Keyword(s):  
Medical Malpractice ◽  
Malpractice Law

The Decision-Analytic Approach to Medical Malpractice Law

1984 ◽  
Vol 4 (4) ◽  
pp. 401-414 ◽  
Author(s):  
Harold Bursztajn ◽  
Robert M. Hamm ◽  
Thomas G. Gutheil ◽  
Archie Brodsky
Keyword(s):  
Medical Malpractice ◽  
Analytic Approach ◽  
Malpractice Law
Sign in / Sign up

Export Citation Format

Share Document